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When Can Motel & Hotel Pool Owners Be Liable for Drowning Accidents?

When Can Motel & Hotel Pool Owners Be Liable for Drowning Accidents?

As summer vacation approaches for those with kids, many of us will be traveling and staying in motels or hotels. Many of these motels and hotels have swimming pools or hot tubs as an attraction for people to to stay there. Water-based activities can be fun and relaxing, but the unfortunate reality is that any recreation that involves getting in the water also involves the risk of drowning. According to statistics published by the Centers for Disease Control and Prevention, about 10 people die every day in the United States from accidental drowning; in addition, 2 of these ten are children 14 or under.

When a person drowns in a hotel or motel pool, their family may be able to recover through a wrongful death lawsuit. In addition, you may be able to recover for any injuries sustained in a near-drowning incident as well. Near-drowning accidents can cause serious injury and may require hospitalization and long-term and intensive medical care and supervision.

In order to determine whether you have a claim, you should have the circumstances of your case reviewed by an experienced Indiana personal injury attorney. Damages in an Indiana wrongful death action could include loss of income, hospital expenses, burial expenses, and loss of love and companionship or parental guidance.

The Indiana wrongful death statute allows the survivors of a decedent to bring an action if a defendant’s wrongful act or omission caused the decedent’s death. A wrongful act or omission may be an intentional act or may result from a person or party’s negligence. There are innumerable situations where a hotel or motel could potentially be liable for drowning or near-drowning accidents that occur in their pools or hot tubs. Some of these situations include:

  • Leaving a gate unlocked allowing for access by young children
  • Poorly maintained pool facilities
  • Not implementing signs indicating that a lifeguard is not on duty
  • The area is not fenced
  • The pool does not have appropriate depth markers
  • Lifeguards that were inattentive or negligent to swimmers in distress
  • Slippery pool surfaces

The above scenarios are only a few of the situations that may give rise to a legal action against a hotel or motel.

If you or a loved one has been involved in a drowning or near-drowning accident at a hotel or motel, you may be entitled to substantial compensation. It is important to document as much information as you can about the incident, and if possible, take pictures of the hotel or motel’s facilities immediately after the accident. Also, be sure to report any obvious safety violations to the appropriate state or local authorities. There may be parties other than the hotel or motel who may be liable, as a hotel or motel may contract with an outside company for pool maintenance services. Because of the complicated issues that arise in hotel and motel pool injury claims, you should be sure to retain an Indiana personal injury attorney that has experienced handling these kinds of matters.

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$875,000

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$25,000,000

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$940,000

Post-Concussion Disorder

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$1,250,000

Medical Malpractice

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$12,000,000

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Woman suffering a traumatic brain injury following semi-truck accident.

$10,500,000

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Woman suffering severe hip and ankle fracture after falling on defective step.

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Post-Concussion Disorder

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$1,750,000

Semi-Truck Accident

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$7,250,000

Traumatic Brain Injury

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$945,000

Auto Accident

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$1,525,000

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Top-Rated Litigator.
Helping injury victims move forward.

Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.

More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.

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In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.

Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.

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For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.

Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.

Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.